Purpose:

The object of this Act is to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection.

Objectives:

• Promote competition.
• Promote fair trading.
• Provide for consumer protection.

Key Provisions:

• Establishes the Australian Competition and Consumer Commission (ACCC) and outlines its functions, including information dissemination, law reform, and research.
• Establishes the National Competition Council (NCC) and the Australian Competition Tribunal, outlining their respective functions and powers related to competition and access regimes.
• Provides a framework for access to services provided by infrastructure, including criteria for declaration, assessment of effective access regimes, and arbitration of access disputes.
• Prohibits various restrictive trade practices such as cartel conduct (price-fixing, output restrictions, market allocation, bid-rigging), secondary boycotts, misuse of market power, exclusive dealing, resale price maintenance, and certain acquisitions that substantially lessen competition.
• Establishes a system for the prescription and enforcement of industry-specific codes of conduct, including provisions for infringement notices and investigation powers.
• Implements a mandatory bargaining code for news media and digital platforms to address bargaining power imbalances and remuneration for news content.
• Allows for the regulation of the Australian gas market through gas market codes and emergency price orders, addressing conduct related to supplying or acquiring gas commodities.

Evidence of Compliance Requirements For Agricultural Organisations:

• For Cartel Conduct (Part IV, Division 1):
  • Do not make, or give effect to, contracts, arrangements, or understandings that contain cartel provisions (e.g., price-fixing, restricting outputs, allocating customers/suppliers/territories, bid-rigging).
  • If engaging in joint ventures, maintain records proving that the cartel provision is for the purposes of the joint venture, is reasonably necessary for undertaking the joint venture, and that the joint venture is not carried on for the purpose of substantially lessening competition (Sections 45AO, 45AP).
• For Other Restrictive Trade Practices (Part IV, Division 2):
  • Do not engage in contracts, arrangements, understandings, or concerted practices that have the purpose or effect of substantially lessening competition (Section 45).
  • Do not engage in secondary boycotts (Sections 45D, 45DA, 45DB). If boycotts are undertaken for the dominant purpose of environmental protection or consumer protection, or related to employment matters, maintain records demonstrating this purpose and that the conduct is not industrial action (Section 45DD).
  • Do not make or give effect to contracts, arrangements, or understandings that prevent or hinder the supply or acquisition of goods or services (Sections 45E, 45EA), unless the contract is in writing and made with the written consent of the second person (Section 45E(4)).
  • Do not engage in misuse of market power (Sections 46, 46A), exclusive dealing (Section 47), or resale price maintenance (Section 48).
  • If engaging in conduct that constitutes resale price maintenance, provide a notice describing the conduct to the Commission under subsection 93(1) and ensure the notice is in force under section 93 (Section 48(2)).
  • Do not acquire shares or assets if the acquisition would have, or be likely to have, the effect of substantially lessening competition (Section 50). If entering a contract to acquire shares or assets subject to authorisation, apply for the grant of authorisation within 14 days after the contract was entered into (Section 50(4)).
  • For provisions or concerted practices exclusively relating to the export of goods from Australia or the supply of services outside Australia, provide full and accurate particulars to the Commission no more than 14 days after the contract or arrangement was made or the understanding or concerted practice was entered into. Particulars must include any method of fixing, controlling, or maintaining prices (Sections 51(2)(g), 51(2AA)).
• For Compliance with Industry Codes (Part IVB):
  • Adhere to the specific rules and obligations outlined in any prescribed mandatory or voluntary industry code applicable to the agricultural organisation’s activities (Section 51ACB). Maintain documentation of internal processes, training, and records demonstrating compliance.
  • If issued an infringement notice for an alleged contravention, pay the specified penalty within the infringement notice compliance period (28 days from issuance, with a possible 28-day extension) if not contesting the contravention (Sections 51ACD, 51ACG, 51ACI).
  • If required by an applicable industry code to keep, generate, or publish information or documents, provide that information or produce the document to the Commission upon written notice within 21 days (Section 51ADD(2)). An application for an extension to this period may be made (Section 51ADE).
  • Do not give false or misleading information or produce documents containing false or misleading information in compliance or purported compliance with a notice given under section 51ADD. If information is known to be false or misleading, the document must be accompanied by a statement indicating this (Section 51ADG).
• For Gas Market Participation (Part IVBB) (if applicable):
  • Comply with rules and civil penalty provisions set out in gas market codes and gas market emergency price orders applicable to gas market conduct (Section 53ZJ).
  • Maintain records of compliance with terms and conditions specified in relevant gas market instruments, including those related to negotiations, expressions of interest, offers, agreements, terms, prices, and gas exchanges (Sections 53Q-53U).
  • Provide financial or other reports, records, or information related to gas market matters to the Minister or the Commission as required by gas market instruments, whether periodically or upon request. Report specified events relating to gas market matters or price disputes as required (Section 53ZA).
  • If required by a gas market instrument to keep, generate, or publish information or documents, provide that information or produce the document to the Commission upon written notice within the specified period (Section 53ZT). Comply with such notices (Section 53ZV).
  • Do not give false or misleading information or produce documents containing false or misleading information in compliance or purported compliance with a notice given under section 53ZT (Section 53ZW).
  • Do not enter into, begin to carry out, or carry out any scheme where the purpose is to avoid the application of a civil penalty provision of a gas market instrument (Section 53ZQ).

Metadata Keywords:

Competition, Consumer Protection, Fair Trading, Australian Agriculture, Restrictive Trade Practices, Industry Codes, Market Regulation, Gas Market, Compliance

Publication Information:

Compilation date: 1 April 2025 Compilation No. 158

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.gov.au/C2004A00109/2025-04-01/2025-04-01/text/original/pdf/1 →